BANKRUPTCY

A specialty of Wills Law Firm is representing consumer and small business debtors in Chapter 7 liquidations and reorganizations under Chapter 11, 12, and 13.

 

Through Chapter 7 liquidations and Chapter 13 reorganizations, our firm’s attorneys can help consumers put a stop to home foreclosures, car repossessions, harassing letters and phone calls, collection lawsuits and wage and bank account garnishments.

 

Wills Law Firm’s attorneys are two of only a small handful of attorneys in the Augusta area currently representing small businesses and high net worth individuals in Chapter 11 reorganizations. Through a Chapter 11 bankruptcy proceeding, we can help you refocus your business, defend against collection activity and restructure your debt without court intervention.

 

We also have experience representing creditors, trustees and other interested parties in a wide range of bankruptcy matters including the prosecution and defense of adversary proceedings.

 

Examples of the firm's accomplishments within the bankruptcy court include the following:

 

• Educ. Resources Inst., Inc. v. Zumbro (In re Zumbro), 2013 U.S. App. LEXIS 20232 (11th Cir. Ga. Oct. 3, 2013) Charles Wills assisted lead  counsel in achieving a rare feat by discharging the student loan debt of a debtor in Chapter 13 bankruptcy, and then took over as lead counsel during the student loan company’s appeal to District Court and 11th Circuit Court of Appeals. Charles drafted briefs successfully persuading both appellate courts to uphold the Bankruptcy Court’s decision.

• Carney v. CitiMortgage, Inc. (In re Carney), 2014 Bankr. LEXIS 1135 (Bankr. S.D. Ga. Mar. 24, 2014) Charles Wills served as lead counsel in defeating the Defendant’s Motion to Dismiss questioning the Bankruptcy Court’s standing to hear an adversary proceeding.

• In re Tucker, 2013 Bankr. LEXIS 2493 (Bankr. S.D. Ga. June 20, 2013) John and Charles Wills successfully litigated a Motion for Contempt based on a national bank’s violation of the Bankruptcy Court’s Discharge Order leading to judgment for client.

• In re Augusta Ctr., LLC, 491 B.R. 298 (Bankr. S.D. Ga. 2013) Charles Wills assisted lead counsel in obtaining a favorable ruling for hotel client in Chapter 11 bankruptcy, as a result of the Bankruptcy Court finding that rents derived from the Debtor's hotel continued to be property of the bankruptcy estate.

• John and Charles Wills negotiated a $50,000.00 settlement for client in an adversary proceeding filed against a national bank alleging wrongful foreclosure and bankruptcy stay violations in U.S. Bankruptcy Court.

• As special counsel for the Chapter 7 Trustee in an adversary proceeding, Charles Wills defeated a Motion to Dismiss alleging that the Trustee’s fraudulent transfer claims were time barred, resulting in a $75,000.00 settlement for the Trustee.

• Charles Wills helped prevent a pending foreclosure sale by a national bank against a commercial shopping center client in Chapter 11 bankruptcy, in which client’s shareholders/co-obligors were facing a potential $650,000.00 deficiency judgment. Charles also assisted client in gaining several new commercial tenants, while under Chapter 11 protection, leading to a significant increase in property value and, ultimately, a private equity group purchasing the lender’s note and refinancing client, which led to voluntary dismissal of the Chapter 11 case.